Published: Monday, October 7, 2013 at 7:25 p.m.

Last Modified: Monday, October 7, 2013 at 7:25 p.m.

SARASOTA COUNTY - Charles Hill walked into courtroom 4A, tie loose around his neck, restraints tight around his ankles.

On one side of the gallery, almost every seat was taken by a family member of James Brotherton, a Sarasota County Area Transit bus driver who was fatally shot in 2011.

Hill, 33, is charged with first-degree murder in the case. Though prosecutors have chosen not to pursue the death penalty, a conviction would require a mandatory sentence of life in prison.

The trial started Monday morning after 12 jurors and two alternates, chosen last week, filed into the courtroom.

Prosecutors and defense attorneys gave their opening statements — a summary of the evidence they will present during the trial, expected to last through this week.

Assistant State Attorney Art Jackman addressed jurors first, walking them through events on Nov. 21, 2011 leading to Brotherton's death and into the next day, when a patrol deputy found his body outside Gulf Gate Library.

“The night was quite dark and the roads were wet,” Jackman said. “There was the body of a white man laying facedown on the pavement in a pool of blood with a single gunshot wound to his back. He was not moving nor did he appear to be breathing.”

Prosecutors will rely on witness statements, surveillance footage and a disassembled gun found in a trash can in Hill's yard.

Crime scene technicians, detectives and a medical examiner will testify about the logistics of the investigation and Brotherton's death.

An acquaintance, who was reportedly with Hill before and after — but not during — Brotherton's death is a key witness.

After Brotherton's death, Hill allegedly told the witness: “He started mouthing off to me. I told him to get into the trunk and he ran and I shot him,” Jackman said.

In video footage presented by the state, Brotherton and a man identified as Hill are seen at a bank ATM. Different video footage, despite its poor quality, captured the fatal shooting from surveillance cameras at a doctor's office near the library.

“What you'll see are some figures or shadows,” Jackman said. “Then you're going to see a sudden flash — that's the muzzle flash at the time the victim, James Brotherton, is murdered by the defendant. This is the actual shooting.”

Carolyn Schlemmer, the public defender representing Hill, said the defense will not dispute that Brotherton was killed.

“I will submit to you that a crime was committed that evening by someone, but Mr. Hill did not commit these crimes,” Schlemmer said in her opening statement.

To support that, the defense plans to address inconsistencies — the color of Brotherton's vehicle, the clothes worn by Hill, whether there was an admission of guilt to an acquaintance — in witness statements.

“Those little things I'm going to ask you to pay attention to that will not make any sense,” Schlemmer said.

The defense will also emphasize the lack of Hill's DNA or fingerprints at the scene, in Brotherton's vehicle or on the alleged murder weapon.

Hill is expected to take the stand.

“I ask you to listen and keep an open mind,” Schlemmer said. “State has the burden; we have none.”

Jurors will render a verdict for the charges of first-degree murder, armed kidnapping and robbery with a firearm.

<p><em>SARASOTA COUNTY</em> - Charles Hill walked into courtroom 4A, tie loose around his neck, restraints tight around his ankles. </p><p>On one side of the gallery, almost every seat was taken by a family member of James Brotherton, a Sarasota County Area Transit bus driver who was fatally shot in 2011.</p><p>Hill, 33, is charged with first-degree murder in the case. Though prosecutors have chosen not to pursue the death penalty, a conviction would require a mandatory sentence of life in prison.</p><p>The trial started Monday morning after 12 jurors and two alternates, chosen last week, filed into the courtroom.</p><p>Prosecutors and defense attorneys gave their opening statements — a summary of the evidence they will present during the trial, expected to last through this week.</p><p>Assistant State Attorney Art Jackman addressed jurors first, walking them through events on Nov. 21, 2011 leading to Brotherton's death and into the next day, when a patrol deputy found his body outside Gulf Gate Library.</p><p>“The night was quite dark and the roads were wet,” Jackman said. “There was the body of a white man laying facedown on the pavement in a pool of blood with a single gunshot wound to his back. He was not moving nor did he appear to be breathing.”</p><p>Prosecutors will rely on witness statements, surveillance footage and a disassembled gun found in a trash can in Hill's yard.</p><p>Crime scene technicians, detectives and a medical examiner will testify about the logistics of the investigation and Brotherton's death.</p><p>An acquaintance, who was reportedly with Hill before and after — but not during — Brotherton's death is a key witness.</p><p>After Brotherton's death, Hill allegedly told the witness: “He started mouthing off to me. I told him to get into the trunk and he ran and I shot him,” Jackman said.</p><p>In video footage presented by the state, Brotherton and a man identified as Hill are seen at a bank ATM. Different video footage, despite its poor quality, captured the fatal shooting from surveillance cameras at a doctor's office near the library.</p><p>“What you'll see are some figures or shadows,” Jackman said. “Then you're going to see a sudden flash — that's the muzzle flash at the time the victim, James Brotherton, is murdered by the defendant. This is the actual shooting.”</p><p>Carolyn Schlemmer, the public defender representing Hill, said the defense will not dispute that Brotherton was killed.</p><p>“I will submit to you that a crime was committed that evening by someone, but Mr. Hill did not commit these crimes,” Schlemmer said in her opening statement.</p><p>To support that, the defense plans to address inconsistencies — the color of Brotherton's vehicle, the clothes worn by Hill, whether there was an admission of guilt to an acquaintance — in witness statements.</p><p>“Those little things I'm going to ask you to pay attention to that will not make any sense,” Schlemmer said. </p><p>The defense will also emphasize the lack of Hill's DNA or fingerprints at the scene, in Brotherton's vehicle or on the alleged murder weapon. </p><p>Hill is expected to take the stand.</p><p>“I ask you to listen and keep an open mind,” Schlemmer said. “State has the burden; we have none.” </p><p>Jurors will render a verdict for the charges of first-degree murder, armed kidnapping and robbery with a firearm.</p>